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Hawaii Revised Statutes

Haw. Rev. Stat. § 456-6 (2026)

  Liabilities; limitations on; official bond

✓ current as of July 2026
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     §456-6  Liabilities; limitations on; official bond.  (a)  In the performance of a notarial act, a notary public's liability shall be limited to a failure by the notary public to perform properly the actions required for the jurat, acknowledgment, or other notarial acts.  The notary public's liability shall not be based on statements in a notarized document apart from the notarial certificate.

     (b)  For the official misconduct or neglect of a notary public or breach of any of the conditions of the notary public's official bond, the notary public and the surety on the notary public's official bond shall be liable to the party injured thereby for all the damages sustained.  The party shall have a right of action in the party's name upon the bond and may prosecute the action to final judgment and execution. [L 1941, c 322, pt of §4; RL 1945, §7666; RL 1955, §168-6; HRS §456-6; gen ch 1985; am L 1996, c 18, §1; am L 2020, c 54, §9]

 

 

Notes of Decisions
Cited in 1 case, 2019–2019 · leading case: Hancock v. Kulana Partners, LLC., 452 P.3d 371 (Haw. 2019).
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Hancock v. Kulana Partners, LLC., 452 P.3d 371 (Haw. 2019). · cites it 2× “reveals that we have recognized void deed claims in two instances where fraud has been perpetrated upon a grantor: (1) a deed is forged, meaning the deed has been falsely made, completed, endorsed, or altered with intent to defraud; and (2) where the deed itself is procured due…”
Haw. Rev. Stat. § 456-6(b): 1 case
Hancock v. Kulana Partners, LLC., 452 P.3d 371 (Haw. 2019). “reveals that we have recognized void deed claims in two instances where fraud has been perpetrated upon a grantor: (1) a deed is forged, meaning the deed has been falsely made, completed, endorsed, or altered with intent to defraud; and (2) where the deed itself is procured due…”
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